(a) Beginning January 1, 2008, there is dedicated an annual
amount of up to $4,300,000 from annual collections of the tax
imposed by this article for the purpose of construction,
reconstruction, maintenance and repair of railways, the
construction of railway-related structures and payment of principal
and interest on state bonds issued for railway purposes, as
approved by the West Virginia Public Port Authority.

(b) For purposes of administering the deposits required by
this subdivision, after December 31, 2007, from the taxes imposed
by this section and paid to the Tax Commissioner in each quarter of
the year, after deducting the amount of any refunds lawfully paid
and any administrative costs authorized by this code, the Tax
Commissioner shall pay into the Special Railroad and Intermodal
Enhancement Fund provided in section seven-a, article sixteen-b,
chapter seventeen of this code an amount equal to at least
$1,075,000. In any quarter where the collections are less than the
amount required to be paid into the Special Railroad and Intermodal
Enhancement Fund, or where the total amount paid in any year will
be less than $4,300,000, the difference shall be paid from amounts
available from collections in succeeding quarters until paid in
full. Notwithstanding any provision of this section to the
contrary, the total amount to be deposited into the Special
Railroad and Intermodal Enhancement Fund for 2013 may not exceed
$2,150,000: Provided, That no deposits shall be made into the Special Railroad and Intermodal Enhancement Fund during the fiscal
year 2014.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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